HomeMy Public PortalAbout046-2017 - Parks - Hitters Hangout - Facility AgreementFACILITIES USE AGREEMENT
THIS AGREEMENT is entered into as of March 23, 2017, and referred to as Contract No.
46-2017 by and between City of Richmond, Indiana, a municipal corporation acting by and
through its Board of Parks and Recreation (hereinafter referred to as the "City" or the
"Department") and Hitters Hangout Sports Foundation, Inc., P.O. Box 194, Richmond, Indiana,
47375 (hereinafter referred to as the 'Team").
A. The City is a political subdivision, with the Department having responsibilities
relative to parks within the corporate limits of the City, one of which is McBride Stadium
(hereinafter the, "Team").
B. Hitters Hangout Sports Foundation, Inc. is an active Indiana non-profit corporation
that exists for valid reasons as contemplated by Indiana law.
C. Team owns and operates the Richmond Jazz, Collegiate Wood Bat League, which
desires to utilize the Stadium for purposes of carrying on the normal and customary components
of operating such a team, which includes, but is not limited to, practices and games.
D. City agrees to make available the Stadium to the Team pursuant to the terms and
conditions set forth below, and Team agrees to abide by such terms and conditions in consideration
for the use of the Stadium as specifically described herein.
NOW, THEREFORE, in consideration of the following terms and conditions, including
the above stated recitals, and for other good and valuable consideration, the parties hereby agree
as follows:
1. TERM.
(a) This agreement becomes effective, and Team shall have limited tenant use
of the Stadium beginning March 24, 2017 to August 11, 2017
Notwithstanding the term of this Agreement, City may terminate this
Agreement in whole or in part, for cause, at any time, by specifying the
reasons for termination which shall include but not be limited to the
following: failure, for any reason, of the Team to fulfill in a timely manner
its obligations under this Agreement.
Contract No. 46-2017
2. COMPENSATION.
(a) Fee per Game:
(i) Team shall pay as a facility usage fee the sum of $175 per game. In
the event that a game must be cancelled due to inclement weather,
the $175 fee shall still apply, and it will be Team's responsibility to
coordinate the scheduling of a make-up game. An additional fee
will not apply to any such make-up game. The fee specified herein
shall be due on or before the tenth (1 Oth) of each month. For
purposes of example only, if Team plays four (4) games in a month,
the sum of $700 shall be paid to the Department on the tenth (IOh)
of the following month.
(b) Concessions:
(i) Team shall open and operate the concessions at the Stadium from
March 28th through August for all games, tournaments or other
events for which the Department directs. The foregoing games,
tournaments, and events include any and all organizations, teams,
clubs, or otherwise which might utilize the Stadium; and as such, the
Team's obligation to open and operate the concessions at the
Stadium is not limited to the Team's use of the Stadium. Fifteen
percent (15%) of all gross sales, including those associated with the
sale of beer and wine, shall be remitted to management on a monthly
basis, with the submission of such sales being due on or before the
tenth (I Oh) of each month. Team will provide a "Square Report"
and a "ZTape" to the Department so as to provide a documentary
accounting, (Spreadsheet) of all gross sales.
(ii) The team shall timely report to Department as soon as is discovered,
or should have been discovered, any problems with the operation or
malfunction of any equipment or item in the concession stands,
including, but not limited to, the ice machine, the freezer and the
walk-in cooler. Team shall not be responsible to any damage
associated with the above -described equipment but for negligent
operation of the same.
(c) Utilities:
(i) Team shall pay thirty percent (30%) of all utilities (electric, natural
gas, water, wireless services, and sewer) in connection with the
McBride facility from June 1, 2017 to July 31, 2017, unless Team
participates in the Great Lakes League Collegiate Playoffs, which
shall extend this period through August 11, 2017. The foregoing
represents the Team's primary usage period of Stadium. Team shall
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pay ten percent (10%) of all utilities associated with the Stadium in
April in May for concession use.
(ii) Team shall reimburse the City for the above -described utilities on a
monthly basis, and shall remit payment within thirty (30) days from
receipt of notice of the prior month's utilities associated with the
Stadium.
(iii) Any and all other utilities not specifically referenced herein will not
be provided by the City, and any additional utilities, that Team
desires be provided to the Stadium, shall be the sole expense of
Team.
3. RESPONSIBILITIES OF TEAM.
(a) This Section provides for the responsibilities of Team pursuant to this
Agreement, and is in addition to any other responsibilities specifically set
forth herein. Team shall be responsible for any customary preparation of
the facilities prior to Team's scheduled activity. Team shall restore or repair
the facilities after each use by the Team or after each coordinated event, so
that the facilities will be ready for the next scheduled activity. Team shall
provide seasonal volunteers or hire seasonal workers to perform minor
improvements and restore the facilities as set forth above. Team will
provide all equipment to comply with Team's responsibilities as set forth
within this Agreement. In the event Team does not maintain or utilize the
Stadium, as agreed upon in any part of this agreement, the Department may
issue a penalty fee of up to $500.
(b) Any equipment and/or products necessary to maintain the field, and/or
Stadium, so as to ensure compliance with Section 3(a), above, shall be
purchased by Team, at Team's expense. This includes, but is not limited to
chalk and field dry products.
(c) Team agrees to ensure that it will take proper care of the facilities associated
with the Stadium during any inclement weather.
(d) Team shall ensure that the Stadium is properly secured and locked after each
game or event. This includes, but is not limited to, all doors, gates, windows,
or other entry points to the Stadium.
(e) Team will be responsible for the removal of trash during days when the Jazz
play at Stadium. Team will ensure that all trashcans are emptied after each
game or event. Team will also be responsible for day-to-day cleaning and
checking of the offices, terrace, grandstand, dugouts, restrooms, concession
buildings, locker rooms, ticket offices and press box.
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(f) Team will provide special attention to the restroom facilities, locker rooms,
and overall facility especially during double-header. Extra stocking
materials will be provided by the Department.
(g) Team will be cooperative with the Park Department and give priority
scheduling to Park Department events, provided that such events do not
conflict with previously scheduled events approved by the Department. The
Secondary scheduling priority shall consist of the following events:
Richmond Jazz teams, Richmond High School (Varsity and Jr. Varsity)
baseball teams, Seton High School teams, the American Legion baseball
teams, and other travel teams scheduled through the Richmond Parks and
Recreation Department. Department shall provide the Team with
information within a reasonable time.
(h) Team acknowledges and agrees that both parties to this agreement should
adhere to generally accepted principles relative to respect and decorum.
This includes appropriate treatment of all users, management, field workers,
and volunteers.
(i) Team will be required to secure any and all necessary permits or other
approvals for any game or event based needs. This includes, but is not
limited to, fireworks displays, and sale of alcohol (should the same be
permitted under this Agreement or subsequently permitted by amendment
to this Agreement). Team shall further comply with any Wayne County,
Indiana Health Department Inspections and any directives issued as a result
thereof.
(j) Team will report any concerns, problems, or issues to management of the
City and/or Department in a timely manner so that the City and/or
Department may address the same within a reasonable amount of time.
(k) Any and all improvements to the Stadium, in any capacity whatsoever, must
first be approved by the City and/or Department. City agrees to consider
and respond to a request for such improvements within a reasonable period
of time. Team agrees to make Department aware of and intent to facilitate
any lessons, camps, clinics, or other trainings within the stadium and shall
seek pre -approval from the Department prior to such an event.
4. RESPONSIBILITIES OF CITY
(a) In addition to any other responsibilities specifically set forth herein, City
will maintain and provide the following responsibilities:
(i) Day-to-day maintenance, mowing, and upkeep of the field, the
entrance to the facilities, and areas surrounding the field
(ii) Stock and clean restrooms prior to each game or event and will
provide stocking needs for each user
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(iii)
Maintenance and repair of structures;
(iv)
Maintenance and repair of all mechanical systems including, but not
limited to, electrical, plumbing, HVAC, sewers, watering system,
sound system, scoreboard, wireless systems, and any City owned
concession equipment;
(v)
Maintenance, repair, and/or replacement of stadium lighting,
including field bulbs;
(vi)
Maintenance and repair of roadways, traffic lanes, parking facilities,
and parking lot lighting;
(vii)
Mowing of the parking lot on a weekly basis, or as needed, and
landscaping the facilities with City having discretion as to the extent
and aesthetics of such landscaping;
(viii)
Tree trimming; and
(ix)
Patrol services, as determined by the City, by the Richmond Police
Department.
5. IRAN INVESTMENT ACTIVITIES.
(a) Pursuant to Indiana Code (IC) 5-22-16.5, Team certifies that Team is not
engaged in investment activities in Iran. In the event City determines during
the course of this Agreement that this certification is no longer valid, City
shall notify Team in writing of said determination and shall give Team
ninety (90) days within which to respond to the written notice. In the event
Team fails to demonstrate to the City that the Team has ceased investment
activities in Iran within ninety (90) days after the written notice is given to
the Team, the City may proceed with any remedies it may have pursuant to
IC 5-22-16.5. In the event the City determines during the course of this
Agreement that this certification is no longer valid and said determination
is not refuted by Team in the manner set forth in IC 5-22-16.5, the City
reserves the right to consider the Team to be in breach of this Agreement
and terminate the agreement.
6. PROHIBITION AGAINST DISCRIMINATION
(a) Pursuant to Indiana Code 22-9-1-10, Team, any sub -contractor, or any
person acting on behalf of Team or any sub -contractor shall not discriminate
against any employee or applicant for employment to be employed in the
performance of this Agreement, with respect to hire, tenure, terms,
conditions or privileges of employment or any matter directly or indirectly
related to employment, because of race, religion, color, sex, disability,
national origin, or ancestry.
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7. RELEASE OF LIABILITY.
(a) Team hereby agrees to release and hold harmless the City any of its
respective licensees, assigns, parents, subsidiaries, divisions, business units,
departments, or affiliated entities of the same from all liability which may
arise in the course of Team's use of the Stadium or any of its rights and
obligations pursuant to this Agreement.
(b) Team further covenants to indemnify and save harmless the City from
and against all liens, claims, encumbrances, subrogation interests, and
demands whatsoever of or in any way growing out of any damages that
any of Team's invitees, agents, players, licenses, assigns, parents,
subsidiaries, divisions, business units, departments, or affiliated entities
may experience as a result, in any manner, of any of their presence and/or
participation at the Stadium, for any reason.
8. MISCELLANEOUS.
(a) This Agreement is personal to the parties hereto and neither party may
assign or delegate any of its rights or obligations hereunder without the prior
written consent of the other party. Any such delegation or assignment,
without the prior written consent of the other party, shall be null and void.
This Agreement shall be controlled by and interpreted according to Indiana
law and shall be binding upon the parties, their successors and assigns. This
document constitutes the entire Agreement between the parties, although it
may be altered or amended in whole or in part at any time by filing with the
Agreement a written instrument setting forth such changes signed by both
parties. By executing this Agreement the parties agree that this document
supersedes any previous discussion, negotiation, or conversation relating to
the subject matter contained herein.
(b) This Agreement may be simultaneously executed in several counterparts,
each of which shall be an original and all of which shall constitute but one
and the same instrument.
(c) The parties hereto submit to jurisdiction of the courts of Wayne County,
Indiana, and any suit arising out of this Agreement must be filed in said
courts. The parties specifically agree that no arbitration or mediation shall
be required prior to the commencement of legal proceedings in said Courts.
By executing this Agreement, Team is estopped from bringing suit or any
other action in any alternative forum, venue, or in front of any other tribunal,
court, or administrative body other than the Circuit or Superior Courts of
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Wayne County, Indiana, regardless of any right Team may have to bring
such suit in front of other tribunals or in other venues.
(d) Any person executing this Contract in a representative capacity hereby
warrants that he/she has been duly authorized by his or her principal to
execute this Contract.
(e) In the event of any breach of this Agreement by Team, and in addition to
any other damages or remedies, Team shall be liable for all costs incurred
by City in its efforts to enforce this Agreement, including but not limited to,
City's reasonable attorney's fees.
9. SEVERABILITY.
(a) If any provision of this Agreement or any application thereof to any person
or circumstances shall to any extent be determined to be invalid,
inoperative, or unenforceable, the remainder of this Agreement and the
application of that provision to any other persons or circumstances shall not
be affected thereby and the remainder of this Agreement shall be given
effect as if the invalid, inoperative, or unenforceable provision had not been
included and each other provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
10. GOVERNING LAW.
(a) The laws of the State of Indiana shall govern the interpretation, validity,
performance, and enforcement of this Agreement.
IN WITNESS WHEREOF, the City and Team have executed this AGREEMENT as of the
Effective Date.
[Signatures to Follow on Page 8]
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CITY
1: 6, u C'e"
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D_ReYz - ' T
Title: Parks Department Superintendent
APPROVED:
t
By:
BaVfTIVr Snow,
TEAM
UFF03IV - -
Title: Hitters Hangout Sports Foundation Representative
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